NEWS:

In his written order holding Trump in contempt, a Manhattan judge warns the former president that 'an incarceratory punishment' could follow for further violations.

Also: Trump must take down the nine posts by 2:15 p.m.

Ruling nycourts.gov/LegacyPDFS/pre…

1. So what about that Ben Franklin quote that Trump's lawyer, John Sauer, read to the Supreme Court during the Supreme Court case on presidential immunity? Was it accurate? The words are fine, but Sauer's interpretation was deliberately misleading. Franklin would be horrified.

I'm thrilled that Thomas Joscelyn is joining our Just Security team as Senior Fellow.

Tom is a truly brilliant analyst, researcher and author.

- a principal author of Select Committee January 6 report
- expert on democracy, terrorism, extremism + more

justsecurity.org/95176/welcomin…

Ryan Goodman

Ryan Goodman Someone remind Gorsuch that at the Convention, when a ban on pardoning treason was proposed (because a treasonous president could pardon his co-conspirators), the winning argument was: leave the pardon power alone; if that happens you can prosecute the president.

On the left:

Justice Gorsuch and Trump's lawyer agreeing that a check against abuse by an immune president is that the president's subordinates are subject to criminal law.⤵️

On the right:

The obvious problem with that idea.⤵️

As usual, an important point by Asha Rangappa identifying an inconsistency by some conservative Justices on applying criminal laws to a president.⤵️

Indeed, here's Kavanaugh in 14th Amendment oral arg taking a very different approach than Kavanaugh in Trump v. US oral arg:

Topic: How the Supreme Court could rule in a way that gets the January 6 trial on track in short order.

I am basically in agreement with Rick Pildes on the wisdom of his theory here.👇

cc: Marty Lederman Andrew Weissmann (weissmann11 on Threads)🌻 Liz Cheney Rick Pildes